LIFEWARE LABS PRIVACY POLICY

Protecting the privacy of users of Lifeware Labs, LLC (“Lifeware Labs,” “We,” “Us,” or “Our”) products and website is important to Us. Our Privacy Policy (the “Privacy Policy”) is designed to inform you (“You”) about Our collection and use of information in the conduct of Our business. Our Privacy Policy applies to all users of Lifeware Labs products and services (the “Service”). The “Service” includes (a) the Lifeware Labs website (the “Site”), (b) the Lifeware Labs cloud-based platform (“Lifeware Labs Cloud”), and (c) any other services provided to You through the Site or Lifeware Labs Cloud. From time to time, Lifeware Labs may modify this Privacy Policy. Any services and products provided to You by Lifeware Labs directly or through the Service may be governed by the written agreement(s) entered into between You and Lifeware Labs, and, in the event of any conflict between this Privacy Policy and such written agreement, the written agreement shall apply for the services covered by such written agreement. 

 

This Privacy Policy is incorporated into and made a part of Our Terms of Use. If You have not done so already, please also review the Terms of Use. The Terms of Use include provisions that limit Our liability to users and other important terms.

 

Lifeware Labs adheres to the following policies with regard to Your privacy.

 

1. DEFINITIONS

A. “NPI” is information that is not personally identifiable and that is obtained through Your use of the Service.

B. “PII” is non-public information that is personally identifiable and obtained in connection with providing a product or service to You, including personally identifiable information You provide during the registration process or during Your use of the Service. It may include information such as name, email, phone number and address that You provide to Lifeware Labs. PII does not include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to contact or identify You.

2. CONSENT

By using the Service, You are consenting to Our collection, use, processing, and disclosure of Your information as set forth in this Privacy Policy, which may be modified from time to time. You should review this Privacy Policy from time to time so that You are updated on any changes. If You do not wish to consent to Our collection, use, processing and disclosure of Your information, then do not use the Service or any portion thereof.

3. INFORMATION COLLECTION

When You use the Service, Lifeware Labs collects NPI such as Your device’s operating system. Likewise, in order to offer You meaningful products and services and for other reasons, Lifeware Labs may collect PII about You from the following sources:

  • Information available to Us through weblogs about Your traffic on other websites; or

  • Information You give Lifeware Labs on applications or other forms while using the Service, including, without limitation, the information You provide in creating Your account; or

  • Information You send Lifeware Labs via any medium, including, but not limited to the Service, email, telephone, and social media interaction; or

  • Information You, or a third party on Your behalf, send Lifeware Labs to create or authenticate Your account (e.g., Facebook authentication APIs); or

  • If You use a mobile device platform to access the Service or communicate with Lifeware Labs, information transmitted from Your mobile device; or

  • Information purchased from or provided by third parties.

 

Registration

In order to use the Service (apart from the publicly available portion of the Site or Lifeware Labs Cloud), You must provide Lifeware Labs the following information: first name, last name and email address. In addition, You may choose to add additional information to Your contact information.

Lifeware Labs may request other information from You during or after the registration process that Lifeware Labs uses to provide better and more customized services to its customers. You acknowledge that this information is personal to You, and by registering on Lifeware Labs, You may allow others, including Lifeware Labs, to identify You and to allow Lifeware Labs to use Your information in accordance with the Terms of Use and this Privacy Policy. 

Submitted Content

Content, including wearable device datasets, that You upload to the Service or otherwise provide Lifeware Labs to upload to the Service will not be shared with any third-party, but may otherwise be used, copied, exploited, modified, archived, stored, reproduced, adapted, published, translated, distributed, performed or displayed by Lifeware Labs in accordance with the Terms of Use, any written agreement You enter into with Lifeware Labs, and applicable law.

Contact Forms

If You submit a contact form on the website, that information is not stored, but it is emailed to a Lifeware Labs employee who will then respond to it. Do not put any PII into the form such as social security numbers or any other non-public personal information.  

Collection of Location Information

When You use the Service, We may collect location data that You provide Lifeware Labs.

Log Files, IP Addresses and Information About Your Device

When You use the Service, Lifeware Labs may receive the IP address of Your handheld device (or the proxy server You use to access the internet), Your computer operating system, Your mobile device, including Your Unique Device Identifier (“UDID”) and mobile operating system, as well as the name of Your ISP or Your mobile carrier. The link between Your IP address and Your PII is not shared with third parties without Your permission, except as described in Section 8. (“When Lifeware Labs May Disclose Your Information”), below.

4. EXEMPTIONS FROM PRIVACY POLICY

Lifeware Labs’ Privacy Policy does not apply to (a) any information You may send to Lifeware Labs by email or instant messaging programs, as email and instant messages are not recognized as secure communication forms or (b) information You provide to or that is collected by any third party. Lifeware Labs requests that You do not send any information, which You consider private, to Lifeware Labs by email or instant message.

5. USE OF PII

Lifeware Labs Cloud uses Lifeware Labs’ algorithms to process wearable device datasets.

From time to time, We may disclose the information collected from You, including PII, in accordance with Section 8 (“When Lifeware Labs May Disclose Your Information”), below.

Lifeware Labs uses and/or intends to use PII to:

  • Operate and improve the Service;

  • Track use of the Service;

  • Create Your account

  • Provide You with the Service and other products and services that You may request or that You have expressed interest in, including services provided to You under a written agreement entered into between You and Lifeware Labs;

  • Evaluate Your interest and needs in order to improve the Service and make available other offers, products or services;

  • Evaluate the types of offers, products or services Lifeware Labs makes available to You and potential customers;

  • Facilitate subscription processing, reviews and analysis;

  • Provide customer support;

  • Communicate and provide additional information that may be of interest to You through email or other means, such as special offers, announcements, and marketing materials;

  • Send You reminders, technical notices, updates, security alerts and support and administrative messages, service bulletins, or marketing; and

  • Manage Lifeware Labs’ everyday business needs such as Service administration, forum management, fulfillment, analytics, fraud prevention, enforcement of Lifeware Labs’ corporate reporting obligations, Terms of Use or to comply with the law.

 

This Privacy Policy does not limit Our use of any NPI, and We reserve the right to use and disclose such information to third parties at Our discretion.

6. LIMITATIONS ON ACCESS TO PII

Our policies limit access to un-aggregated user PII that is collected from the Service, to Our employees and agents and the employees and/or agents of Our affiliates and business partners who need the information to fulfill their business responsibilities, and who are under obligations of confidentiality. In some cases, this may require Your information to be sent to other countries. By supplying Your PII to Lifeware Labs, including information supplied through the Service, You consent to Your information being transferred to Lifeware Labs, its affiliates, vendors or agents. Vendors and other outside contractors We engage are subject to Our contractual requirements for safeguarding PII.

Employees and agents of Lifeware Labs must adhere to this Privacy Policy. Our employees receive training about the privacy policies and procedures of Lifeware Labs. We acknowledge that protecting privacy is a key part of Our trusted relationship with Our customers and visitors.

Any employee violating this Privacy Policy may be subject to disciplinary action, up to and including dismissal.

In addition, Lifeware Labs employs commercially reasonable security measures, including advanced technology, to protect PII collected against unauthorized access, disclosure, alteration or destruction. Lifeware Labs reviews and enhances its security systems in a commercially reasonable manner and as it deems necessary. Even with such technology, no web site or database is 100% secure. Lifeware Labs cannot and does not guarantee that such security measures will prevent loss, misuse and/or alteration of information under its control.

7. LINKS/ POSTINGS TO OTHER WEBSITES

You may access the Service on or through a third-party website and/or the Service may contain links to other websites. Any third-party website may have its own privacy policy that is different from this Privacy Policy. The terms of the third-party website privacy policy may conflict with the terms of this Privacy Policy. The terms of this Privacy Policy still apply, even if they conflict with the terms of a third-party website privacy policy. 

Lifeware Labs is not responsible for the actions, practices, or content, including but not limited to the privacy practices, of such third-party websites from which You may access the Service or that are linked to in the Service. Lifeware Labs does not guarantee, approve, or endorse any information, material, services, or products contained on these third-party websites. Lifeware Labs is not responsible for any content on sites linked from or to the Service or for obtaining the necessary consent for such third party sites to collect, transmit, or otherwise use Your information. 

You understand that such websites may have their own legal documents to which You must agree prior to using and that Lifeware Labs has no control over these legal documents. As always, You understand that it is Your responsibility to verify Your legal use of a website as well as use of information from the website with the corresponding website owner. If You visit the sites of third parties, please be sure to review the privacy policies applicable to those sites.

8. WHEN LIFEWARE LABS MAY DISCLOSE YOUR INFORMATION

Except as set forth in this Privacy Policy or as specifically agreed to by You, Lifeware Labs will not disclose any PII as gathered from You through the Service.

A. Lifeware Labs may share PII in limited fashion to Lifeware Labs’ contractors and service providers that perform services on Lifeware Labs’ behalf, including, but not limited to, operation of the Service technology, data analytics, marketing services, and other related services. Unless You have opted-out (see Section 8.D. below) of such sharing, these contractors also may have access to Your email address or mobile phone number to send newsletters or special promotions to You on Lifeware Labs’ behalf or to send emails to You for purposes such as conducting market research on Lifeware Labs’ behalf. Access to Your PII by such contractors and service providers is limited to the information reasonably necessary for the contractor to perform its limited function for Lifeware Labs. Lifeware Labs also contractually requires that such contractors and service providers: 1) protect the privacy of Your PII consistent with this Privacy Policy, and 2) not use or disclose Your PII for any purpose other than providing Lifeware Labs with products and services as required by law.

B. Lifeware Labs may share PII Lifeware Labs collects, as permitted by law, to companies such as credit reporting agencies, or servicing and processing companies, or when required or advised to do so in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or in special cases, such as in response to a physical threat to You or others, to protect property, or if We determine such disclosure is legally advisable or necessary to defend or assert legal rights or prevent harm, to defend ourselves in litigation. In the event that Lifeware Labs is legally compelled to disclose Your PII to a third party, Lifeware Labs will attempt to notify You unless doing so would violate the law or court order.

C. Lifeware Labs may share PII in accordance with Section 11 (“Transfer of Ownership”), below.

D. If You prefer that Lifeware Labs does not share certain information with third parties, as described above, You can direct Lifeware Labs not to share that information by contacting Us (support@lifewarelabs.com). Please note that an opt-out with respect to information sharing will not apply to information sharing arrangements described in Sections 8. B or C.

Finally, Lifeware Labs may provide content and services to You through websites and platforms other than those contained in the Service. Lifeware Labs will not disclose Your PII to these third-party websites and platforms without Your consent, but You should be aware that any information You disclose on such sites or platforms is NOT subject to this Privacy Policy.

9. SECURITY POLICY & USER ID/PASSWORD

The Service utilizes various information security measures such as internet firewalls, encrypted data transmission, and operating procedures to protect Your PII, accounts, passwords, etc. Your PII is kept completely separate and confidential, unless You have given someone else access to Your PII. If Lifeware Labs provides the capability for You to create a user ID and password, You should protect Your user ID and password and NOT share it with anyone. If You believe Your user ID and password have been compromised and You have trouble changing Your user ID/password on the Service, please contact Us (support@lifewarelabs.com).

10. CAN-SPAM COMPLIANCE NOTICE

Lifeware Labs and its affiliates fully comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from Lifeware Labs by contacting Us (support@lifewarelabs.com).

11. TRANSFER OF OWNERSHIP

If the entire or substantial ownership of the Service were to change, or in the event of another sale or transfer of some or all of Lifeware Labs’ assets, Your user information, including PII, may be transferred to the new owner so the Service can continue operations. In any such transfer of information, Your user information, including PII, would remain subject to the promises of Lifeware Labs’ then current Privacy Policy. If You prefer that Lifeware Labs does not share Your PII in accordance with this Section 11 (“Transfer of Ownership”), You can direct Lifeware Labs not to share that PII by contacting Us (support@lifewarelabs.com).

12. NOTICE TO RESIDENTS OF COUNTRIES OUTSIDE OF THE UNITED STATES OF AMERICA

Lifeware Labs is headquartered in the United States of America. PII may be accessed by Lifeware Labs or transferred to Lifeware Labs in the United States of America or to Lifeware Labs’ affiliates, business partners, merchants, or service providers elsewhere in the world. Processing Your PII is necessary for Lifeware Labs to perform its obligations under the Terms of Use. Lifeware Labs may also process Your PII for the purpose of a legitimate business interest such as maintaining, improving, and tracking the use of the Service. Lifeware Labs will protect the privacy and security of PII according to Lifeware Labs’ Privacy Policy, regardless of where it is processed or stored.

13. CALIFORNIA PRIVACY RIGHTS

As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with additional privacy rights. Under the current guidelines, Lifeware Labs is exempt from the rules and regulations of the CCPA. If You are a California resident and concerned about the privacy of your personal information please contact Us (support@lifewarelabs.com).

14. YOUR ACCEPTANCE OF THIS PRIVACY POLICY

This is Lifeware Labs’ entire Privacy Policy and it supersedes any earlier version. You agree to it every time You use the Service.

If Lifeware Labs makes any material changes to this Privacy Policy, Lifeware Labs will notify You by email or by posting a prominent notice on the Service prior to the change becoming effective. Lifeware Labs encourages You to periodically review this page for the latest information on Lifeware Labs’ privacy practices. Your continued use of the Service constitutes Your agreement to be bound by such changes to this Privacy Policy. Your only remedy, if You do not accept the terms of this Privacy Policy, is to discontinue use of the Service.

15. PROTECTING CHILDREN’S PRIVACY

Use of the Service is limited to users who are eighteen (18) years of age or older and/or have legal capacity to form a binding contract.

16. GENERAL DATA PROTECTION REGULATION (GDPR)

Lifeware Labs’ policy is to protect and safeguard any PII obtained by Lifeware Labs in accordance with applicable United States state and federal laws governing the protection of PII and data. Those who choose to access the Service from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

Although Lifeware Labs does not target or knowingly collect data from users in the European Union (EU), Lifeware Labs has undertaken efforts to ensure that the Service is compliant with the European Union’s General Data Protection Regulation (GDPR).  If You are an EU or United Kingdom resident and believe We may have collected PII from You, subject, as the case may be, to additional elements that may be required to establish Your identity, You may send Us an e-mail at support@lifewarelabs.com to request, at no charge, to delete any information We may have collected from You (subject to applicable law); provided, however, that it may not be possible to (i) identify all information that You submitted or was derived from Your use of the Service or (ii) delete all information You submitted. You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above listed rights may be made by contacting Us (support@lifewarelabs.com). You may also lodge a complaint with the competent Data Protection Authority if You are dissatisfied with the manner in which Your PII is used by Us.

17. HOW LONG WE RETAIN YOUR INFORMATION

We keep Your PII only as long as necessary for the purposes for which the PII are processed and as permitted by applicable law. For users that register using Our mobile application, We store the personal information they provide in their user profile indefinitely. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

In practice, We delete or anonymize Your PII upon deletion of Your account, unless:

  • We must keep it to comply with applicable law;

  • We must keep it to evidence Our compliance with applicable law;

  • there is an outstanding issue, claim or dispute requiring Us to keep the relevant information until it is resolved; or

  • the information must be kept for Our legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.

 

Keep in mind that even though Our systems are designed to carry out data deletion processes according to the above guidelines, We cannot promise that all data will be deleted within a specific timeframe due to technical constraints.

18. QUESTIONS ABOUT THIS PRIVACY POLICY

You may at any time print, download, or request a printed copy of this Privacy Policy. We will make reasonable efforts to respond promptly to all such requests, but reserve the right to limit such requests to two per year per individual.

If You have any questions that are not answered elsewhere on this Site or Lifeware Labs Cloud, or if You believe that this Privacy Policy has been violated, please contact Us at support@lifewarelabs.com or Lifeware Labs, 201 North Braddock Ave., Suite 303, Pittsburgh, PA 15208. Our response to such inquiries may be limited to information under Our direct control.